This is a sample for the HSC Legal Studies Human Rights package by HSC Apps. Just click Download and it's all yours to do what you want with it! Order online from June 7th from hsclegalstudies.com/order. Even if you don't buy the package, please give this to your students in case it helps them understand the incredibly complex system of human rights IGOs, courts, authorities and tribunals around the world.

1. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
Intergovernmental Organisations (IGOs) create Human Rights instruments
e.g. the UN is the world’s largest IGO
the UN created the ICCPR, which 167 member countries have signed
Some of these instruments create Courts, Tribunals and/or ‘Independent Statutory Authorities’
There’s no such thing as an international ‘Independent
Statutory Authority’ because there’s no such thing as
an international statute (only treaties). They just
couldn’t think of the international equivalent name for
AN ORGANISATION THAT IS CREATED UNDER THE
AUTHORITY OF A TREATY.
WE’LL JUST CALL THEM
‘INDEPENDENT AUTHORITIES’

2. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
It’s unlikely that you’ll get a question specifically
about Courts OR Tribunals OR ISAs
Because it’s not always clear which ones are which – THE LINES ARE BLURRED!
e.g. We know that the High Court in Australia is a court – that’s all it is
The UN Human Rights Committee is SORT OF a court/tribunal, but was
CREATED BY a treaty (the ICCPR) – it’s kind of ALL THREE

3. IGO
Instrument
(e.g. Treaty)
Court,
Tribunal
or
Independent
Authority
UN Charter ICCPR ICESCR Rome Statute
General
Assembly
Security
Council
International
Court of
Justice
Human
Rights
COMMITTEE
Human
Right
COUNCIL
Committee on
Economic, Social
and Cultural
Rights
International
Criminal Court
Conducts periodic
reviews for each
country (whether
they agree or not)
to outline areas
where countries
need to act on
H.R. When the
Council targets
countries, action
is often taken.
NOT REALLY a
human rights court,
but DOES hear cases
about self-
determination and
human rights
violations across
borders
NOT MADE to
deal with human
rights issues, but
has now enforced
the Responsibility
to Protect
Monitors compliance
with the ICCPR, but
can also hear petitions
(cases) from
individuals from 112 of
the signatory countries
e.g. Toonen v Australia
(1994)
Monitors compliance with
the ICESCR but DOES NOT
hear individual
cases/petitions
NOT MADE to deal with
human rights cases in
general, but DOES hear
cases of crimes against
humanity and genocide
(which are also human
rights issues)

4. IGO
Instrument
(e.g. Treaty)
Court,
Tribunal
or
Independent
Authority
Council of
Europe
European Convention
on Human Rights
European Court of
Human Rights
Organization
of American
States (OAS)
African
Union (AU)
Arab
League ASEAN
American Convention
on Human Rights
Inter-American
Commission on
Human Rights
African Charter on
Human and Peoples’
Rights
African Court of
Justice and
Human Rights
Arab Charter of
Human Rights
Arab Human
Rights Committee
Article 14 of the
ASEAN Charter
ASEAN Inter-
Governmental
Commission on
Human Rights

5. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
The European Court of Human Rights
- Oldest H.R. court (since 1959)
- Individuals and NGOs are able to bring cases where a member
country of the Council of Europe has violated the European
Convention on Human Rights
- It’s the most successful (in terms of compliance)
- Now facing serious problems (new members since the 90s,
like Russia and Serbia, which question the authority of the
Court to deal with some cases)
- A 70% increase in cases in the last 20 years have led to “fast-
track” reforms (changes to finish cases more quickly)

6. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
The Inter-American Commission on Human Rights
- Widespread non-compliance (or only partial compliance). No
OAS country has made complete compliance with the rulings
of the Commission as part of their domestic law
- Frequent challenges to its authority
- A lack of funding (the current system is actually in danger of
collapsing due to the lack of resources and high number of
cases (13 lawyers for 50+ cases)
Since 1988, has had to deal with a lot of problems:

7. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
For BOTH the European and American organisations…
Compliance with payments to victims is pretty good
(Europe 70%, Americas 40%+)
Effectiveness is still very low
(countries are not changing the way they deal with human rights, they just follow the
immediate rulings)

8. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
The African Court of Justice and Human Rights
- Since 1988 (recently merged with the ACJ)
- CHALLENGE: It will be working amongst some of the world’s
worst Human Rights violations with many countries that have
a history of ignoring the rule of law
- They’ve decided that individuals and NGOs will not be able to
bring cases against a government (unless the state agrees to
this)

9. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
The ASEAN Intergovernmental Commission on Human Rights
- Relatively new (since 2009)
- Has to fight against ASEAN’s history of “non-interference” in the ‘internal’
matters of ASEAN members
- Decisions are made by consensus (so countries like Myanmar and VietNam
are really able to hold back the Committee)
- The fact that Myanmar/Burma is even a member of ASEAN doesn’t give it
much credibility (given the horrific human rights abuses by its government
that continue now)
- This Commission has been called a “toothless tiger” by many
- At the first meeting of the Commission, the families of massacred Filipino
journalists tried bringing their case – the Commission made the decision
that IT WON’T HEAR INDIVIDUAL CASES (ASEAN Human Rights
Commission Stumbles at First Hurdle (2010))

10. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
The ASEAN Intergovernmental Commission on Human Rights
There is now an ASEAN Human Rights Declaration.
HRW says it sucks, and for lots of reasons, mainly:
1. It’s just a Declaration (non-binding)
2. It’s full of ‘weasel words’ that let governments
get around affording people their human rights
But the UN has said that it’s better than not having
anything.
ASEAN Human Rights Declaration:
A step forward or a slide backwards
(The Conversation 2012)

11. THE ROLES OF:
-Intergovernmental
Organisations
-Courts, Tribunals and
Independent Statutory
Authorities
OVERALL…
There has been a lot of focus on the EXISTENCE of these IGOs, Courts
and Authorities (YAY! We’ve GOT a court!)
There has not been enough focus on COMPLIANCE and the
EFFECTIVENESS of these organisations as a means of change (in terms
of respect for human rights) (NO! It’s not working!)
IGOs and Courts IN GENERAL have been struggling with:
1. The massive number of new cases
2. The endemic nature of the abuses (a lot of governments are
systematically abusing human rights)
3. The frequent challenges to their authority